Dissertation > Political, legal > Legal > Chinese law > China and France

The Conflict and Coordination Between the Minors’privacy and the Parent’s Guardians’ Right

Author ZhangYingJuan
Tutor ZhangZuo
School Chongqing University
Course Civil and Commercial Law
Keywords The privacy of minors Guardianship Conflict Coordination
CLC D923
Type Master's thesis
Year 2011
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This paper introduces the first part of the privacy of minors, guardianship of their parents, several main forms of conflict, and on this basis, further analysis of the causes of the conflict of two rights that the privacy of minors and parents shared custody of the minor points of learning, entertainment and other areas of life, for both the right and create the conditions for conflict; by the remnants of the feudal patriarchal thinking, minors in the family almost no rights to speak, and often is considered to be the parents of the private "accessories" and is at its disposal, with the democratic rule of law continue to permeate the thinking of family life, the rights of individual citizens, including minors, the awakening of consciousness, two rights conflict is another important factor; The statutory right is to protect the rights of the legal basis and to achieve legal basis, and our legislation on the specific content of the two right and exercise limits have not made it clear that the law itself is imperfect right subject in the exercise of the right lead when blurred, This is an important reason for the conflict caused by the right.In the second part, first cited the conflict of two rights of adjusting the existing legal provisions, and on this basis, further analysis of the regulation of existing laws to address this issue for the defects, the legal protection of privacy is not proposed perfect; violations difficult to prove; flawed legal system related to the three major issues.The last part of the article the author conceived of the privacy of minors and their parents custody Coordination Mechanism. First of all, from the legislative level to be perfect, one by one to solve the second part presents three major issues: improving the legal protection of privacy; from safeguarding the legitimate rights and interests of minors, the introduction of "reasonable suspicion standard" on the privacy of minors different levels of protection, in order to determine whether the behavior of their parents "over" and lead to infringement of the privacy of minors; under U.S. protection and privacy rights of the child’s successful experience of legal protection, the author related to the legal system for its a brief introduction, combined with China’s national conditions of China’s legal system related to specific measures to perfect. Secondly, the dispute before the non-legal means of preventive mechanisms: the parents the necessary legal information and education to prevent conflict of two rights is an important way.

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